Burnett to enter plea on Friday

Published 7:00 pm, Saturday, June 20, 2009

Once again, County Commissioner Neal Burnett is expected to enter a plea in his oft-delayed case.

The hearing is scheduled for 1:30 p.m. Friday in 64th District Judge Rob Kinkaid's courtroom in the Hale County Justice Center, 225 Broadway.

Burnett, 75, was indicted by a Hale County grand jury in December on charges of tampering with government records with intent to defraud, abuse of official capacity and theft by public servant at a cost of $15,000-$20,000.

The indictments stem from Burnett allegedly using county-issued credit cards to purchase gas for his personal vehicle as well as misappropriated gasoline from the precinct barn between October 2007 and June 2008. The indictment also accused Burnett of falsifying mileage reimbursement forms.

Burnett turned himself in to Hale County sheriff's officials a day after being indicted and has been free after posting a $20,000 bond.

Days before a plea hearing on April 17, Burnett underwent emergency surgery the same weekend his attorney, Terry McEachern, was injured in a car accident.

As a result, the hearing was postponed until Friday.

The tampering and abuse of official capacity charges are state jail felonies and carry a punishment of six months to two years in jail and up to a $10,000 fine. The theft by a public servant charge carries a 2- to 10-year prison term and up to $10,000 fine.

Lubbock County Assistant District Attorney Marc Chavez was appointed special prosecutor for the case after Hale County District Attorney Wally Hatch recused himself.

Burnett has served as a commissioner since Jan. 2, 2001. He was re-elected to a third term last November.